Suez Recycling & Recovery Pty Ltd
[2021] FWCA 3722
•29 JUNE 2021
| [2021] FWCA 3722 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Suez Recycling & Recovery Pty Ltd
(AG2021/5651)
SUEZ BRISBANE AND GOLD COAST C&I AGREEMENT 2020
Waste management industry | |
DEPUTY PRESIDENT DEAN | CANBERRA, 29 JUNE 2021 |
Application for approval of the SUEZ Brisbane and Gold Coast C&I Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as the SUEZ Brisbane and Gold Coast C&I Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suez Recycling & Recovery Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The TWU have noted that clause 8 of the Agreement provides that jury service leave is paid to a maximum of 20 days, whereas the Industrial Relations Act 2016 (QLD) contains no such limitations. Accordingly, it is noted that s.112 of the Act may apply.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2021. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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